LGBTQI+ Parents

LGBTQI+ Parents

Updated: December 2022 
In August 2022, Treoir, in collaboration with LGBT Ireland and supported by the Department of Children, Equality, Disability, Integration and Youth, launched our leaflet for Female Same Sex Couples and Donor Assisted Human Reproduction!
This booklet explains changes to the law in relation to female same-sex couples and child born through donor assisted human reproduction. Parts 2 & 3 of the Child and Family Relationships Act 2015 which came into force in May 2020 means certain same-sex female parents can now be legally recognised as co-parents of their children.
A physical copy is available to order through our Leaflet Order Form or the PDF is available here also. 
New Legislation – Some Of Which Has Now Commenced!

15 May 2019 Civil Registration Bill 2019 passed by Both Houses of the Oireachtas. This Bill has been enacted since 5th May 2020 and allows both members of same-sex female relationships to register as parents and allows for other necessary changes to Civil Registration to allow both parents to apply for Guardianship Rights. It must be noted, that this legislation will only apply to parents who have been assisted by registered services in becoming pregnant.

As of July 2020, a new application form for S.I. No. 210 of 2020 has now been released which allows for same-sex couples to make a ‘Statutory Declaration of Joint Guardianship’ with the birth mother. There is now a section on this form which names ‘mother’ and ‘parent’, thereby facilitating same-sex couples. You can download this form here.

The Bill will also remove the necessity for a woman to contact an estranged husband when establishing the paternity of her child with her new partner, the biological parent of her child (this section of the Bill has not yet been enacted).

Please note Sections of The Children and Family Relationships Act 2015 has now been commenced, as of 18th January 2016.  It is now possible for LGBTQI+ parents who are not biologically related to children in their care (and others who act in loco parentis) to apply for guardianship.  See ‘Legal Rights in Respect of Children’ below.  The sections of the Act which regulates parentage in cases of donor-assisted human reproduction have not yet been commenced.

We will endeavour to update our followers, clients, and service users on legislative changes as they arise. (Follow us on Facebook!)

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010  made it possible for LGBTQI+ couples to enter into a Civil Partnership, giving them many of the same rights enjoyed by married heterosexual people.  However, this legislation generally does not deal with children.  As of the 16th November 2015, same-sex couples have the right to marry without distinction as to their sex. Regulations have been signed which makes it easier for couples in Civil Partnerships to marry.  Couples in a Civil Partnership in Ireland can remain as they are but it is no longer possible to enter a Civil Partnership in Ireland.

Legal Rights in Respect of Children

  • Guardianship
  • Access
  • Custody
  • Child Maintenance

Family Types

  • Child from a previous opposite-sex relationship
  • Adoptive Parents
  • Foster Parents
  • Parents as a result of Assisted Human Reproduction (AHR)
  • Surrogacy
  • Transgender people and parenting

Other Relevant Issues

  • Birth Registration
  • Social Welfare
  • Maternity Benefit/Leave
  • Adoptive Benefit/Leave
  • Paternity Benefit/Leave
  • Parental Leave
  • Tax/Succession
  • Shared Parenting

While every effort has been made to ensure that the information in this leaflet is accurate, no responsibility can be accepted by Treoir for any error or omission.

Step-Parent Adoption Leaflet

Guardianship Leaflet

Download the Information Pack here